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Having a bad lock on your bike generally doesn't cause much harm to others. Allowing your hardware to be used for, e.g., DDOS attacks does.



I understand what you're implying, but no one is "allowing" their hardware to be used criminally. At least in the U.S., our personal property system is permissive i/e you may not use my things without permission. So, using an IoT device as provided by the manufacturer is "allowing" its misuse so much as leaving my backyard gate unlocked is "allowing" criminals to park their stolen goods in my backyard.


Ok, but we do have "attractive nuisance" laws. If you leave out a trampoline next to barbed wire, you can be accountable even if you didn't actually permit anyone to use it.

This actually seems much closer to the IoT issue than theft. The maker and user of the device have created an inviting target which will cause harm to someone other than themselves. Even if the eventual attack is illegal, they can still be held accountable for making it so likely.


Honestly, I've never heard of a law like that. The U.S. is a big place; whereas that may be the case in parts of the country, in the south where I'm from, that's never become known to me, especially in the rural areas where I grew up. Instead, the people using your things without permission are at the very least trespassing.


IANAL, and I can't find a definitive statement of where the doctrine applies, but I see it referenced in cases in many US southern states (AL, GA, AR, KY, FL, TX). I know that the particulars vary in many states, based on precedent and statute, but I'm not aware of anywhere it's absent entirely. Hopefully someone more knowledgeable will come along and clarify.

Note that "attractive nuisance" is specifically about trespassing children.

https://en.wikipedia.org/wiki/Attractive_nuisance_doctrine


It's a very well entrenched common law concept. The same goes for swimming pools: if you build a swimming pool and don't put an adequate fence around it, and a kid comes by, jumps in and drowns, you're probably going to be found liable (not criminally, but you can be successfully sued for it)


The only attractive nuisance laws I've heard of applied to children. If you have a swimming pool without a fence, and a child sneaks onto your property and drowns you are liable.

IANAL, and it's hear say, but I had thought this was something everyone knew.


A poor choice of words on my part. That aside, the point remains: poorly secured IoT devices cause real harm to others in a way that a poorly secured bike does not.




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